Current through Register Vol. 54, No. 52, December 28, 2024
(a) A party seeking to appeal a Department
determination shall file an appeal in the form and manner specified in §
101.81 (relating to filing of
appeal from determination of Department) and this section no later than 21 days
after the "determination date" on the determination.
(a.1) The Department will mail a copy of the
determination to the party's last known post office address or transmit it
electronically, as designated by the party.
(b) A party may file a written appeal by any
of the following methods:
(1)
United
States mail. The filing date will be determined as follows:
(i) The date of the official United States
Postal Service postmark on the envelope containing the appeal, a United States
Postal Service Form 3817 (Certificate of Mailing) or a United States Postal
Service certified mail receipt.
(ii) If there is no official United States
Postal Service postmark, United States Postal Service Form 3817 or United
States Postal Service certified mail receipt, the date of a postage meter mark
on the envelope containing the appeal.
(iii) If the filing date cannot be determined
by any of the methods in subparagraph (i) or (ii), the filing date will be the
date recorded by the Department, the workforce investment office or the Board
when it receives the appeal.
(2)
Common carrier. An
appeal may be delivered by a common carrier of property which is subject to the
authority of the Pennsylvania Public Utility Commission or the United States
National Surface Transportation Board. The date of filing is the date the
document was delivered to the common carrier, as established by a document or
other record prepared by the common carrier in the normal course of business.
If the date of delivery to the common carrier cannot be determined by the
documents in the record, the date of filing will be the date the workforce
investment office, Board or Department appeal office received the
appeal.
(3)
Fax
transmission.
(i) The filing date
will be determined as follows:
(A) The date of
receipt imprinted by the Department, the workforce investment office or the
Board's fax machine.
(B) If the
Department, the workforce investment office or the Board's fax machine does not
imprint a legible date, the date of transmission imprinted on the faxed appeal
by the sender's fax machine.
(C) If
the faxed appeal is received without a legible date of transmission, the filing
date will be the date recorded by the Department appeal office, the workforce
investment office or the Board when it receives the appeal.
(ii) A party filing an appeal by
fax transmission is responsible for delay, disruption, interruption of
electronic signals and readability of the document and accepts the risk that
the appeal may not be properly or timely filed.
(iii) A fax transmission is timely filed if
it is received by the Department appeal office, workforce investment office or
Board before midnight on the last day of the appeal period in accordance with
this subsection.
(4)
Electronic mail (e-mail).
(i) The date of filing is the receipt date
recorded by the Department appeal office or the Board's e-mail system, if the
e-mail message is in a form capable of being processed by that
system.
(ii) The Department will
confirm receipt of the party's e-mail appeal by sending the party an auto-reply
e-mail. If the party does not receive an auto-reply e-mail, the Department has
not successfully received the party's appeal, and the party may resubmit the
appeal using any method provided in this subsection. Failure to resubmit the
appeal prior to the appeal deadline will result in an untimely
appeal.
(iii) A party filing by
e-mail shall comply with instructions concerning format. A party filing an
appeal by e-mail is responsible for using the proper format and for delay,
disruption, interruption of electronic signals and readability of the document
and accepts the risk that the appeal may not be properly or timely
filed.
(4.1)
Pennsylvania UC Claims System.
(i) The date of filing is the receipt date
recorded by the Pennsylvania UC Claims System. Following submission of the
appeal, a notation will appear in the Pennsylvania UC Claims System to show
that the Department successfully received the party's appeal. Following
submission of the appeal, the appeals section of the Pennsylvania UC Claims
System will also show that the party's appeal has been filed. If the
Pennsylvania UC Claims System does not indicate that the party's appeal has
been filed, the party may resubmit the appeal using any method provided in this
subsection. Failure to resubmit the appeal prior to the appeal deadline will
result in an untimely appeal.
(ii)
If the filing is untimely as a result of system or technological failure of the
Pennsylvania UC Claims System, the date of filing will be redetermined through
the adjudicatory process. The Board will make available to the Referee relevant
Department records regarding system outages where a party alleges a late filing
due to system or technological failure.
(5)
Personal delivery to a workforce
investment office or the Board. The filing date will be the date the
appeal was personally delivered to the workforce investment office or the Board
during its normal business hours.
(c)
Appeal acknowledgement letter.
After a party files an appeal using one of the methods provided in
subsection (b), the Department or Board will send the party a letter
acknowledging that it received the party's appeal and the date on which the
party filed the appeal.
The provisions of this § 101.82 amended under section
203(d) of the Unemployment Compensation Law (43 P.S. §
763(d)) and section 506 of
The Administrative Code of 1929 (71 P.S. §
186).
This section cited in 34 Pa. Code §
101.102 (relating to form and
filing of application for further appeal from decision of
referee).
